No Disciplinary Sanction Warranted For Nick Diaz Under Interpretation of NAC 467.850

This is an opinion piece, but one by the head of the Vancouver Athletic Commission so not some Joe Schmoe writing an opinion piece for Yahoo Sports._____________________________________________________

Nick Diaz's recent post-fight positive test after UFC 143 for marijuana has caused many fight enthusiasts to ask: "Why do they test for marijuana anyway?"

The answer to that question, along with a review of Nevada's applicable regulatory provision, suggests that there is no basis for disciplinary sanction of Mr. Diaz unless he administered or used marijuana immediately prior to or within several hours in advance of his fight.

Cannabinoids are only prohibited "in competition". WADA expressly permits the use of marijuana and other cannabinoids outside of competition. Nevada is no different. A random, out of competition positive test for marijuana should not engender disciplinary sanction under the NAC's regulations.

NAC 467.850(1) provides that the administration of or use of any prohibited substance "either before or during a contest or exhibition" is prohibited.

The obvious question is this: how long before is "before", under NAC 467.850(1)? A day? A week?

Media commentators have correctly pointed out that the presence of metabolites in a sample taken on fight night is consistent with the last "administration of or use of" the prohibited substance having been many days if not weeks earlier.

Is the use of marijuana potentially weeks in advance of a fight a violation of NAC 467.850(1)?

I doubt Diaz wants to appeal anyways and wants the 1 year suspension but if he wanted to fight it, depending on his levels, he could easily win by referencing the rules the NSAC adheres to.

They have to find that he was under the influence during the fight, or having any effects from previous usage AT fight time, or it is not a violation.

The decision will come down to what his thc levels are and if he wants to appeal it, if they are not high enough to determine that he had any effects of thc during the fight.

prozacnation1978

2/13/12 8:36:24PM

Diaz may have found a loop hole

Kpro

2/13/12 9:33:29PM

As I assumed, Cesar Gracie was on the radio today and said after days of talking to him, he doesn't think Nick will ever fight again, and Nate Diaz said on Twitter today that Nick will not fight again, so if nothing else, it's a loophole for the next fighter popped.

DeadHead988

2/13/12 10:05:44PM

I figured he would just make that boxing transition, not retire altogether. Guess I was wrong.

Aether

2/13/12 11:03:18PM

IMO marijuana showing up in your system really shouldn't matter to begin with, but I guess that's a different discussion.

emfleek

2/14/12 9:18:56AM

Posted by DeadHead988

I figured he would just make that boxing transition, not retire altogether. Guess I was wrong.

His Zuffa contract doesn't allow it.

scoozna

2/14/12 9:19:26AM

I sense this retirement is forever in the same sense that Kim Kardashian's marriage was forever.

DancingDoll

2/14/12 4:59:39PM

Yep, the Vancouver Athletic Commission knows their Cannabinoids.

For the record... I do hope he fights again at some point. I still don't think they weed should be part of anti-doping violations, but if they are testing, they do need to understand the timeframe they are actually testing for.